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TOPIC: Wife applying for residency, should I challenge?

Wife applying for residency, should I challenge? 5 years 8 months ago #60870

  • MikeD79
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Wife put an injunction on me citing DV. She wants me to see the kids but is applying for residency. What are the consequences of her getting it? Will she be able to cut contact on and off like a switch, even if its contact stamped and agreed by the courts?

I would like to propose shared residency. Ive been with my daughter since the day she was born. She saw me everyday and Ive not been accused of anything against her. Surely shared residency is the logical solution?

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Wife applying for residency, should I challenge? 5 years 8 months ago #60888

If she gets full residency she take take your daughter abroad for up to a month without your permission, I would go for shared residency if I were you.

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Wife applying for residency, should I challenge? 5 years 8 months ago #60924

  • actd
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I agree, and also on the basis that you have nothing to lose by trying.

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Wife applying for residency, should I challenge? 5 years 8 months ago #60925

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I guess I'll be given the chance to challenge it.

What if she offers the days I want but demands residency. Can I accept it and then apply for shared residency later?

Maybe I'm better off just challenging there and then. Although the non molesation order is gonna hinder my chances

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Wife applying for residency, should I challenge? 5 years 8 months ago #60929

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If she offers you the days you want, and you can get it written into an order, I would question the need to challenge it - if she cuts the contact, then she's in breach of the order and you can go for enforcement. Part of the reason for going to shared residency in the first place is so that you can try to persuade her to give you the days you want, or somewhere close to that. Don't forget, if she offers you what you want, and then you still go for shared residence, she may decide to offer less, and the danger is that the court will agree with her.

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